Divorce Lawyer Jacksonville - An interview with L. Lee Lockett
Q. Tell us about yourself and your practice.
A. I have been practicing for thirteen years now, ten of which have been in the private sector. I started out as an Assistant State Attorney and then an Assistant Public Defender before leaving the state. My current practice focuses on Divorce, General Family Law Matters and DUI/Criminal Defense.
Q. How long do you take to process a divorce?
A. It depends on a number of factors. If there are major issues that will be contested such as custody, the marital home, marital personal property and alimony then the divorce could take months to complete. However, for an uncontested divorce it is sometimes possible to resolve it in a few weeks.
Q. I have engaged your services, what happens next?
A. We have you complete a comprehensive questionnaire, because there is much to learn about you and your familial status. If you are the Petitioning party, then we must prepare the Petition, file it and wait for the Respondent’s Answer. From there mediation is a possibility before final dissolution.
Q. Does your office offer paralegal services to help with simple document filings?
A. We provide similar services, although we would never allow a paralegal to finalize any pleadings or sign off on them without an attorney’s oversight.
Q. What are the procedures to follow in filing for a divorce?
A. First and foremost is to wait until you are convinced that divorce is what you want and that your situation truly is “irreconcilable”. The rest is easy for the client as far as the legwork goes. However, if you are determined to do it on your own, make sure it is truly uncontested. Costly mistakes can be made that are difficult to correct.
Q. What is an uncontested divorce?
A. Basically it means that both sides agree on the distribution of all marital property, assets and liabilities. Generally there are no children involved and no alimony to consider. However, in some situations the parties can agree on a Time-Sharing schedule and Parenting Plan. The Court will review the Time-Sharing and Parenting Plan to determine if it is in the best interests of the child(ren)
Q. How long does it take for a divorce to become final?
A. Basically once the divorce is processed (see Q2), all that is left is to set the final hearing. That only takes an additional few weeks (if that much) to schedule. That hearing is usually simple and sometimes only requires one party to show.
Q. What happens if the both parties reconcile and want to cancel the divorce?
A. An appropriate pleading must be filed (e.g., Motion to Dismiss/Dissolve Petition).
Q. Must fault be proven to obtain a divorce?
A. Florida is a no fault jurisdiction. A divorce may be granted where the parties contend that their marriage is irretrievably broken. However, where there are minor children or where one of the parties contests that the marriage is irretrievably broken the Judge may order the parties to undergo marriage counseling. The Court may also order the Department of Children and Families or Court appointed staff to conduct an investigation.
